Andalusia Superior Court rejects request for entry of Covid passports
Andalusia’s Superior Court of Justice, TSJA, rejected Junta de Andalucia’s request for Covid passports to be required to enter nightlife venues
The Granada-based Superior Court of Justice of Andalusia (TSJA) today, Friday August 6, rejected the request made on August 5 by the Junta de Andalucia to make Covid passports compulsory for entry into the nightlife venues in Andalusia, claiming that the application of such a measure would violate fundamental rights and the privacy of individuals.
Its judgment says of the proposed measure, “insofar as it implies the need to show data relating to health, considered, in accordance with European regulations, to be of a sensitive nature, and with the principle of non-discrimination, in the insofar as it establishes a differential treatment for access to these premises, on the basis of the possession or not of the aforementioned certificate ”.
As the tribunal stated, he had to decide whether the limitation of fundamental rights posed by the administrative measures was appropriate, necessary and proportionate, and finally confirmed his conviction that the measure “is neither appropriate nor proportionate for the achievement of the desired end, that is to say the protection of life, health and physical integrity, insofar as, far from avoiding contagion in places of leisure, it can make them possible, which is why it cannot be ratified by this House ”.
The Superior Court of Andalusia went on to say that it considered that the violation of fundamental rights “is not of great importance, because, on the one hand, the simple certificate of being vaccinated or of having suffered of the disease does not seem to seriously condition the right to privacy, and on the other hand, the sacrifice of the principle of equality for the discriminatory treatment which results from the requirement of the Covid certificate when the entire population does not has not had access to the vaccine, in part, or in its entirety, affects many percentage of people lower than that who can benefit from the certificate ”.
The court also questioned the proportionality of the requested need for a Covid passport, as a negative antigen test, considering that “it is not an ideal measure to the degree required, since it establishes the compatibility of the requirement of the Covid certificate with that of a PCR test or an antigen test ”.
Continuing, the court questioned whether people who have been vaccinated, or who have suffered from the disease, despite having developed immunity to the virus, could be potential transmitters, it is not not possible to understand how the possible contagion of those who have accessed the premises will be avoided, supported by the presentation of a documentary evidence for the performance of a PCR or an antigen test, which only proves that at the time of its realization they were not carriers of the active virus, but not that they had any immunization against it.
Referring to the need for such a measure at the present time, the court said: “we do not believe that it seems justified to the extent that it would be required”, explaining that “the level of demand for justification of their need must be much higher. than normal, which implies that it must be conclusively proven that the greatest number of infections of the fifth wave originate, precisely in the premises of the nightlife, and in this particular case, neither the order, nor the reports on which it is based, offer the data necessary for this, being clearly insufficient simple probabilistic calculations ”.
In summary, the magistrates indicated that “a period of effectiveness of the measure is not established, with which the measure is imposed indefinitely, and with a vocation of permanence, without knowing what criteria will be followed to make it ineffective. or modify it. Limitations on fundamental rights must be specific, a requirement which the petition under consideration appears to be orphaned ”, as reported diariosur.es.
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